The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-12-14
versus MARTIN.
Points Authorities Submitted by l.. w. Per
rim n behalf Respondents.


This is suit for the possession The defendant replied
by setting up eienceS both legal and equitable III their character
That the deed under icll plaintiff claims was at the
of its execution intended as security for loan OF money and
D. That plaintiff agreed the December 1879, to take
the Home Place for the debt and to make title to defendant a.
+ T. In the nature Of a set off,
/ s. Accord and satisfaction.
Judge Fraser prepared being involved in the equitbe de-
I'VE without io BY na on ae ether rsr @ snd e
Jury On all the issues the Jury found nd for forth the sa p s
peadng testimony and verdict of the jury prescribed by the
practice in such cases
1SsfS AfaSsiss g vi IoMTy Msy{1, 1ss s 6 e. 4os
And time after the t Of Court e @ sd @ Of the the
River Place to plaintiff by the Executor of Joel j. Cunning
r nm MsT m@ds ha w e ne as
the Of the purchase advanced and to be a
hat being mortgage the status could not be changed by the
execution of paper called conditional sae which was it is ad
mted without any consideration moving the parties there
And that RGn the he sGdef to Of f oe Of the
DC. Foio 1851
L. Because his Honor the Presiding Judge erred in holding
that the deed of December 49, from Cotran the EXec
at tn the time i'm to operate as a mortgage" yr gage
M M srn qSsa d seemSep by ods the two
containing six hundred and sixty acres one tract being the enc moe m
She had money with Which comply With her BID and was
dependent her friends help her Two Of whom were pres
se5 s?s qS a 0Hfs sa {SS
Mrs Martin the sale that Mr. Brownee would help e5
m friend tpos 3d. A and 5 WHAT Occurred coming to an
Bownee Cover era and Martin and Mrs. Martin only The three
mentioned in stating that Mr. BrOvnee agreed to
lend m Mrs 9p 9S @ m a%a e to c
did do 1 for m the d % that I ne gsa @ an f M
Cohran instructed to the papers in n TO
evidence that Mrs. Martin made any effort with else to
the money but abundance of evidence of her efforts to
Mr. Brownee denies the statements of the others IN toto If
their true Of two ngs sf H nsed b
confidence and friendship Martin in order to make profit
that WHICH d Wa insnded it
anc very purpose equity Illustrate and all his te
@ Ss ea and With % Ssg in ony sM as to
meeting December ISL m to na m
the families The defendants both say that the agreee
THAT Tad fh the a e s be- MADE to
loan he to make (35 and 49, Mr. Cothran ana Mr. Mai
ssyeement ay na R0'PaE oo 4onSprs0 7o 70 '"0" al"
that absolute transfer @ Of bid was
from Mrs Martin written transfer of her bid
was M to aa ake 't the and at s and
gives for Mrs. Martins anxiety for Mr. n er
would be resod at her risk at the next saesday ana e
had nothing risk She had money folio ~ N9Ag
to by resale true and therefore cause for anxiety as
the risk Mrs Martins anxiety was for home IS poI aTe
te e as and She at Se M S Mr. nf had
advance the River Place. And Mr. Cover had SHOWN
Brownee in his first direct testimony that u was 70
give her two years from time om December to re-
deem land Agreement made just before Christmas
1879 agreement redeem made just before "a Decen
beI 1877" folio 2 The deed executed on 9th Decenbe
1871 ownee subsequently in his testimony that ne
gave Mrs the right to redeem after Christmas QoIo
30 Brownee says week after Christmas, QoIlo 81
1t would be very remarkable determination before the 2i
December 1877 allow her to redeem was SO positive ana
after lapse only week he without the OF any
circumstances which base the change he should allow he
to redeem ~ ,.,. ,o, q,
preamble the exhibit GA" called conditional Sale
is conclusive evidence between the parties be
fore the execution of titles 9th December 1871 that Mr.
Brownlec was e-convey the land to Mrs Martin upon er
paying the amount of the purchase and interest on or De
fore the 3rd December 1875 The whole instrument is evidence
of fact agreement existing at the time of the execution
of the deed by Mr. Cotrn to Mr. Bownee hat the deeo was
intended as security for the debt. Foios II to 49,
Why the recitation of the facts anterior to 4th
There agreement from Mrs. BrOwnec to MIS- art To
sell Why the instrument stated to be not orgage? my
is stated default that Mr. BroWnec may take posses
sion as his absolute property in fee simple DC: MIS- Mar
repay o0 ~ the purchase money with interest o
1 and she the purchaser olo 1 and in OF deiau
Mr. Brownlee the land % his absolute proper
y simple under the deed made to him by D. D.
" Cohran aforesaid" .
toIn Soutard RUSSELL - How 14G there agreement
and alleges that it is conditional resale and was clear
lv intended manifest conditional ae that it is the any, O
the Court to tc rgiay these exercises Of $W lest tney